Armed Conflict

Just Security’s expert authors provide analysis on the legal, policy, and strategic dimensions of armed conflict, including the Russia-Ukraine war, the Israel-Hamas war, counterterrorism operations, conflicts in the Middle East and North Africa, and other armed conflicts across the globe, with a focus on international humanitarian law, war crimes and accountability, mitigating and remedying civilian harm, and the humanitarian impacts of warfare.

Civilian Harm Israel-Hamas War Law of Armed Conflict/IHL Russia-Ukraine Sudan Use of Force

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The President’s Speech, Al Qaeda and the Legal Challenge of the Future

One of the most striking features of President Obama’s 28 May 2014 commencement address at West Point was its “turning the page” theme. The speech sought to look at the major…

Jun. 4, 2014 Kenneth Watkin

Stepping back from the precipice in Bond

[Also posted on Opinio Juris.] The Supreme Court has finally issued its decision in United States v. Bond. Although it appeared the Court might be on the brink of a momentous…

Jun. 3, 2014 David Golove and Marty Lederman

The Administration’s explanation for why it was lawful not to wait 30 days to complete the Bergdahl exchange

National Security Council Caitlin Hayden just issued this statement concerning “why it was lawful for the Administration to proceed with the [Bergdahl] transfer notwithstanding…

Jun. 3, 2014 Marty Lederman

The Bergdahl Exchange [Fifth UPDATE (with clarification)]

This is truly wonderful news. The five Taliban detainees transferred to Qatar apparently are: Abdul Haq Wasiq (ISN 004) Mullah Norullah Noori (ISN 006) Mullah Mohammad Fazl (ISN…

Jun. 3, 2014 Marty Lederman

Title 18’s Blind Spot: Superior Responsibility

We have discussed at length the ability of the United States government to prosecute international crimes in terms of chargeable crimes and bases of jurisdiction. Ryan Goodman…

Jun. 3, 2014 Beth Van Schaack

Letter to the Editor Responding to Steve Vladeck on Gitmo Force Feeding

I enjoyed Steve’s post, although I think the “nobody cares anymore” premise is largely correct, if by “nobody,” we mean the public. Perversely, this is a function of…

Jun. 2, 2014 Letters to the Editor

What is to be Gained from Pursuing Accountability Now in Syria?

Beth Van Schaack’s recent posts (see here, here, and here) on the proposed Syria hybrid tribunal prompted an astute response from Rianne Letschert: @BethVanSchaack @janethanderson…

Jun. 2, 2014 Beth Van Schaack and Ryan Goodman

What You Should Know–and Why You Should Care–About the Latest Guantánamo Litigation

It’s been well over three years since Linda Greenhouse, writing for the New York Times, attributed the Supreme Court’s refusal to take any new cases from Guantánamo…

May 30, 2014 Steve Vladeck

Force Feeding at Guantanamo and Judge Gladys Kessler

In his commencement address at West Point on May 28, President Obama said, “What makes [America] exceptional is not our ability to flout international norms and the rule of law,…

May 29, 2014 George Annas

al Bihani is third successful GTMO detainee before PRB; SecDef considering transfer of six others to Uruguay

Two weeks ago, the GTMO Periodic Review Board determined that continued law-of-war detention of Ghaleb Nassar al Bihani “is no longer necessary to protect against a continuing…

May 29, 2014 Marty Lederman

Alternative Jurisdictional Bases for a Hybrid Tribunal for Syria

As we have discussed, one option under consideration to address the commission of grave international crimes during the conflict in Syria is the creation of a hybrid tribunal within…

May 29, 2014 Beth Van Schaack

Targeting Transparency: A Call for DoD to Automatically Release Investigations of Civilian Casualties in Armed Conflict

There has been much discussion on the lack of demonstrable government follow through after President Obama’s 2013 claims of increased transparency of US lethal targeting of suspected…

May 27, 2014 Chris Jenks

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